Laws of Arrest (2.2) Flashcards
True or False:
All arrest warrants must be confirmed prior to warrant service.
True
Who has the authority to make an arrest?
Police officer Citizen Merchant Bail bondsman Parole / Probation Officers
True or False:
While making a citizens arrest, either the officer, or if the officer cannot, the citizen, shall swear out a complaint in front of the magistrate showing the facts of the offense.
True
Can you make an arrest at any time in any public place?
Yes
True or False:
It must appear to a reasonable police officer to be valid if he/she were to look at it without any knowledge of the circumstances.
True
Identify some examples of the information that an officer is required to provide to a person who is being arrested
Why they’re being arrested
Show them warrant (if asked)
Identify examples of the circumstances under which it is preferable to seek a long-form complaint rather than make a probable cause arrest
Weak PC
Complex case
Custodial issues
Arrestee needs medical attention
Identify what a merchant needs to detain a suspected shoplifter
Reasonable cause / grounds
True or False:
In the absence of a court order or warrant, only a parole or probation officer may lawfully arrest a person for a parole/probation violation.
True
What is considered the “building blocks” of an arrest?
Probable Cause
What are the requirements after an arrest without a warrant?
MUST HAVE PC
- They are to be taken, without unnecessary delay, before a magistrate in the county where the arrest occurred.
- A complaint must be filed before the magistrate explaining the facts of the case and the basis of those facts.
Can an officer make an arrest if there is probable cause to believe that a felony has been committed by the person to be arrested?
Yes
True or False:
Most arrests are made with a warrant.
False
Most arrests are made WITHOUT a warrant
True or False:
An person being served with an arrest warrant has no right to see the warrant.
False
If the arrestee requests to see the arrest warrant, show it to him/her as soon as practical
What is the justification for use of reasonable and necessary means?
Even though a person is justified under this Chapter in threatening or using physical force or deadly physical force against another, if in doing so such person recklessly injures or kills an innocent third person, the justification afforded by this Chapter is unavailable in prosecution for the reckless injury or killing of the innocent third person. (ARS 13-401)
What are examples of when it is justified to use force?
- A parent or guardian and a teacher
- An entrusted official of a jail, prison or correctional institution
- For the maintenance or order in a place where others are assembled or on a common motor carrier of passengers
- For the belief that another person is about to commit suicide or to inflict serious physical upon himself/herself
- For administering a recognized and lawful form of treatment which is reasonably adapted to promoting the physical or mental health of the patient
In order to protect himself/herself against the unlawful physical force or deadly physical force that a reasonable person would believe is threatening the third person, is he/she justified to use force? If so, what level of force?
Yes
Physical force or deadly physical force
Are there reasons that you can use physical force to protect property?
Yes
What are the 3 factors analyzed for use of force?
- Present opportunity (what weapons are involved/how far away are they from you)
- Physical opportunity (how big are they/you)
- Manifest intent (what are they doing/saying)
What level of force is justified for the following:
- Arson of an occupied structure
- Burglary in the 2nd or 1st degree
- Kidnapping
- Manslaughter
- 2nd or 1st degree murder
- Sexual conduct with a minor
- Sexual assault
- Child molestation
- Armed robbery
- Aggravated assault
Physical force or deadly physical force
True or False:
There is no duty to retreat before threatening or using deadly physical force.
True
Is the use of deadly physical force justified for a domestic violence victim?
Yes
When is defensive display of a firearm justified?
When and to the extent a reasonable person would believe that physical force is immediately necessary to protect himself against the use or attempted use of unlawful physical force or deadly physical force
What are examples of people with immunity from arrest?
- Ambassadors and foreign ministers
- Foreign consuls
- Federal employees
- Witnesses under subpoena
- National Guard members
